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1988 Su~~ ei•ior Street, P.O. Box 742, Wel ~ stei• City, TA 50595 

TELEPHONE (515) 832-3468 FAX (51.5) 832-2677 ' 

~ 

AB_E_Nz 

December 7, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Pursuant to Section 333 

Dear Mr. Pappas, 

I am seeking relief from the following 14 CFR's: 

1. 91.7(a) 

2. 91.119(c) 

3. 91.121 

4. 91.151(a) 

5. 91.405(a) 

6. 91.407(a)(1) ` 

7. 91.409(a)(1) and (2) ' 

8. 91.417(a) and (b) 

I would like to operate a DJI PHANTOM 2 Vision +, 3DR Solo and a DJI Inspire 1 quad-copter unmanned 

aircraft system (UAS) in lowa and Southern Minnesota to conduct aerial videography and 

cinematography to enhance academic community awareness for those individuals and companies 

unfamiliar witli the geographical layout of Central lowa, augment real estate listing videos and image 

agricultural fields. 

Below are the regulations I am seeking relief from and reason: 

91.7(a) — We believe that since no FAA regulatory standard exists for determining airworthiness of the 

UAS, the regulation is inapplicable. 

91.119(c) - Operations will need to occur at altitudes under 300 feet and closer than 500 feet to persons 

or objects. 

91.121—The system has a barometric altimeter and GPS derived altitude capabilities while the FAA 

requires any altitude reported to ATC to be in feet AGL. 

~ ® 

OPVORiO141tr REALIOR 
91.151(a) —The system does not have the capabilities to adhere to this regulation. 

91.405(a) —This section doesn't pertain to a UAS. 

91.407(a)(1) — This section doesn't pertain to a UAS. 

91.409(a)(1) and (2)—This section doesn't pertain to a UAS. 

91.417(a) and (b) — This section doesn't pertain to a UAS. 

We would be happy to comply with the following conditions: 

1) Operations authorized by this grant of exemption are limited to the following aircraft described in the 

operating documents which is a quad-rotor aircraft weighing less than 3 pounds: DJI PHANTOM 2 Vision 

+, 3DR Solo and DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other aircraft will 

require a new petition or a petition to amend this grant. 

2) The UA may not be flown at an indicated airspeed exceeding 30 knots. 

3) The UA must be operated at an altitude of no more than 300 feet above ground level (AGL), as 

indicated by the procedures specified in the operating documents. AII altitudes reported to ATC must be 

in feet AGL. 

4) The UA must be operated within visual line of sight (VLOS) of the Pilot In Command (PIC) at all times. 

This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, 

as specified on the PIC's FAA-issued airman medica) certificate. 

5) AII operations must utilize a visual observer (VO). The UA must be operated within the visual line of 

sight (VLOS) of the VO at all times. The VO may be used to satisfy the VLOS requirement as long as the 

PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. 

The PIC must be designated before the flight and cannot transfer his or her designation for the duration 

of the flight. The PIC must ensure that the VO can perform the functions prescribed in the operating 

documents. 

6) The operating documents and this grant of exemption must be accessible during UAS operations and 

made available to the Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, the conditions 

and limitations herein take precedence and must be followed. Otherwise, the operator must follow the 

procedures as outlined in its operating documents. The operator may update or revise its operating 

documents. It is the operator's responsibility to track such revisions and present updated and revised 

documents to the Administrator upon request. The operator must also present updated and revised 

documents if he petitions for extension or amendment to this grant of exemption. If the operator 

determines that any update or revision would affect the basis upon which the FAA granted this 

exemption, then the operator must petition for amendment to its grant of exemption. The FAA's UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the 

operating documents. 
7) Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the 

inspection reveals a condition that affects the safe operation of the UAS, the UAS is prohibited from 

operating until the necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station must be included in the preflight inspection. AII 

maintenance and alterations must be properly documented in the aircraft records. 

8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. 

replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts 

the functional test flight must make an entry in the aircraft records. 

9) The pre-flight inspection section in the operating documents must account for all discrepancies, i.e. 

inoperable components, items, or equipment, not already covered in the relevant sections of the 

operating documents. 

10) The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. 

11) The operator must carry out its maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, and alterations must be noted in 

the aircraft records, including total flight hours, description of work accomplished, and the signature of 

the authorized person returning the UAS to service. 

12) Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 

13) The authorized person must make an entry in the aircraft record of the corrective action taken 

against discrepancies discovered between inspections. 

14) UAS operations must be conducted by a PIC possessing at least a private pilot certificate and at least 

a current third-class medical certificate. The PIC must also meet the flight review requirements specified 

in 14 CFR 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

15) Prior to operations conducted for the purpose of aerial videography/cinematography and 

augmenting real estate listing videos (or similar operations), the PIC must have accumulated and logged, 

in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours of total time as a UAS rotorcraft 

pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior documented flight 

experience that was obtained in compliance with applicable regulations may satisfy this requirement. 

Training, proficiency, and experience-building flights can also be conducted under this grant of 

exemption to accomplish the required flight time. However, said training operations may only be 

conducted during dedicated training sessions. During training, proficiency, and experience-building 

flights the PIC is required to operate the UA with appropriate distances in accordance with 14 CFR 

91.119. 

16) Prior to operations conducted for the purpose of aerial videography/cinematography and 

augmenting real estate (isting videos (or similar operations), the PIC must have accumulated and logged, 

in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating the make and 
model of the UAS to be used in operations under the exemption; 5 hours make and model time may be 

included in the 10 hours of multi-rotor time prescribed above. The PIC must accomplish 3 take-offs and 

landings in the preceding 90 days (for currency purposes). Training, proficiency, experience-building, and 

take-off and landing currency flights can be conducted under this grant of exemption to accomplish the 

required flight time and 90 day currency. However, said training operations may only be conducted 

during dedicated training sessions. During training, proficiency, and experience-building flights the PIC is 

required to operate the UA with appropriate distances in accordance with 14 CFR 91.119. 

17) The operator may not permit the PIC to operate the UAS for the purpose of aerial 

videography/cinematography and augmenting real estate listing videos (or similar operations), unless 

the PIC has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the ability to safely 

operate the UAS in a manner consistent with how the UAS will be operated under this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

18) UAS operations may not be conducted during night, as defined in 14 CFR 1.1. AII operations must be 

conducted undervisual meteorological conditions (VMC). 

19) The UA may not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA-published aeronautical chart. 

20) The UA may not be operated less than 500 feet below or (ess than 2,000 feet horizontally from a 

cloud or when visibility is less than 3 statute miles from the PIC. 

21) If the UA loses communications or loses its GPS signal, it must return to a pre-determined location 

within the planned operating area and land or be recovered in accordance with the operating 

documents. 

22) The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance 

with the operating documents. 

23) The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly at normal cruising speed to the intended landing point and land 

the UA with 30% battery power remaining. 

24) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under this grant of exemption. This COA will also 

require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but 

not less than 48 hours prior to the operation. 

25)AII aircraft operated in accordance with this exemption must be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N-Number) markings in 

accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 
26) Before conducting operations, the radio frequency spectrum used for operation and control of the 

UA must comply with the Federal Communications Commission (FCC) or other appropriate government 

oversight agency requirements. 

27) The documents required under 14 CFR 91.9 and 91.203 must be available to the PIC at the Ground 

Control Station of the UAS any time the UAS is operating. These documents must be made available to 

the Administrator or any law enforcement official upon request. 

28) The UA must remain clear and yield the right of way to all manned aviation operations and activities 

at all times. 

29) The UAS may not be operated by the PIC from any moving device or vehicle. 

30) The UA may not be operated over congested or densely populated areas. 

31) Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, 

vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA 

and/or debris in the event of an accident. The operator must ensure that nonparticipating persons 

remain under such protection. If a situation arises where nonparticipating persons leave such protection 

and are within 500 feet of the UA, flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such 

vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the 

risk of operating closer to those objects and determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, V0, operator trainees or essential persons do not present an undue 

hazard to those persons per 4 91.119(a). 

32) AII operations shall be conducted over private or controlled-access property with permission from 

the land owner/controller or authorized representative. Permission from land owner/controller or 

authorized representative will be obtained for each flight to be conducted, 

33)Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office 

(AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board 

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov . 

Aerial photography has been utilized for many years in the real estate and agriculture markets by 

manned aircraft. There have been events in the past where manned aircraft have crashed into 

populated areas with loss of life and severe damage to homes due to the wreckage and fuel being added 

to the accident site. As a result, using a UAS for aerial photography would be much safer for the general 

population as the UAV is very small and couldn't deliver the damage of a manned aircraft and the UAV 

utilizes a battery instead of aviation fuel. Additionally, the UAV is better for our environment as it does 
not burn combustible fuel and has no emissions. For the aforementioned reasons, I believe our 

company utilizing a UAS for our videography efforts is in the public's interest. 

If more information or documentation is needed to approve this exemption, please contact me at 

515.297.0755. 

Thank you for your consideration, 

; 

Tyler Abens 

Broker/Owner 

Abens Realty